have
proved the Ex.D1 to be a declaration of partition by
deceased Syed Abdul Razak and it is proved in
accordance with ... state that the Ex.D1 is a declaration of partition and Will. If it
is a Will, it shall be in accordance with
dispute that
O.S.No.4545/1993 was instituted for declaration,
partition and separate possession of coparcenary
property as between the siblings ... perverse. Admittedly, the relief in the suit was
not one for declaration, partition and separate
possession of the ancestral properties, but to declare
the sale
arraigning
respondents 1 to 7 as defendants 1 to 7, for declaration,
partition and separate possession of the suit schedule
properties, alleging existence ... properties, to dismiss the suit for declaration,
partition and separate possession instituted by the
children of the deceased coparcener?"
8. At the request
CIVIL JUDGE (SR. DN), HARIHAR, DISMISSING THE
SUIT FOR DECLARATION, PARTITION & SEPARATE
POSSESSION AND ALSO MESNE PROFITS.
R.F.A. CROB NO.9/2010 ... CIVIL JUDGE (SR. DN), HARIHAR, DISMISSING THE SUIT
FOR DECLARATION, PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL AND RFA CROB. HAVING BEEN HEARD
AND RESERVED
2002 before the III Addl. Civil
Judge (Sr.Dn), for declaration, partition and separate
possession of various immovable properties belonging to
the family at Bajpai ... siblings,
hostile to the petitioner instituted O. S.32 /2002 for
declaration, partition and separate possession, and
being a necessary and proper party
ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI,
DECREEING THE SUIT FILED FOR DECLARATION, PARTITION
AND SEPARATE POSSESSION.
THESE APPEALS HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ... make partition, but defendant No.1 refused to effect the
partition. Hence, the plaintiff filed suit for declaration,
partition and separate possession
plaintiff demanded the partition. The defendant declined
to effect the partition. Hence, the plaintiff filed the suit for
partition and separate possession.
16. Defendant ... parties have upon the partition
held on 15.01.1990, the defendants in order to prove prior
partition the defendants have produced partition deed
marked
conditions of partition and it has resulted in
non-implementation of the partition
effected between them and it is an
inequitable partition?
ii. Whether defendants ... partition Exs.D1 to D4.
The plaintiff has filed to establish that partition is
inevitable.
20. As observed above, the first partition was
effected
before
the trial Court in O.S.No.196/2008 for declaration,
partition and separate possession and permanent
injunction contending that they are the owners ... undisputed fact that respondent Nos.1 to
3 filed suit for declaration, partition and separate
possession contending that they are the owners and they
filed the suit in O.S.No.214/98 for
declaration, partition and separate possession of the suit
schedule properties. The suit came ... proposed amendment is a subsequent
event. The suit was for declaration, partition and separate
possession. The appeal is pending. The 1st respondent has
gifted